It is enacted by the General Assembly as follows:
SECTION 1. Findings. The General Assembly hereby finds and declares that:
(1) There continues to exist uncertainty as to the ownership of the roads located within the Quonset Business Park;
(2) Uncertainty as to the ownership of the roads located within the Quonset Business Park has hindered the efficient and effective use, maintenance, and care of said roads and thus compromised the safe passage of motorists and pedestrians traversing the roads therein;
(3) In order to streamline the use, maintenance, and care of the roads located within the Quonset Business Park and to ensure motorist and pedestrian safety therein, the General Assembly hereby enacts the following legislation to:
(i) Establish the roads in the Quonset Business Park as public roads;
(ii) Clarify the Rhode Island Commerce Corporation's ownership of the roads located within the Quonset Business Park; and
(iii) Authorize the Quonset Development Corporation to act as the Rhode Island Commerce Corporation's true and lawful attorney as agent and attorney-in-fact and in the name, place, and stead of the Rhode Island Commerce Corporation with respect to any and all roads located within the Quonset Business Park.
SECTION 2. Sections 24-8-1.1, 24-8-1.2 and 24-8-1.3 of the General Laws in Chapter 24- 8 entitled "Construction and Maintenance of State Roads" are hereby amended to read as follows: 24-8-1.1. Rhode Island highway system — Purpose. The purpose of §§ 24-8-1.1 — 24-8-1.7 is to establish a pavement management program to better maintain the state’s highways in a safe and serviceable condition. In order to fairly distribute funds for a pavement management program, an equitable system to determine jurisdiction on highways is needed. The principles of highway functional classification, or the importance of roads in terms of the type of travel service provided, shall be used to determine jurisdiction. Roads serving longer-distance travel, connecting city and town centers and major traffic generators shall be the state’s responsibility. Roads serving local travel shall be under city or town jurisdiction. Notwithstanding the foregoing, QDC public roads, as defined in § 24-8-1.3, shall be the Quonset Development Corporation's sole responsibility and shall be under the Quonset Development Corporation's sole jurisdiction as provided under § 42-64.10-6. 24-8-1.2. Rhode Island highway system — Establishment. There is hereby established a Rhode Island highway system which shall include state roads and municipal roads. The determination of those roads designated as state roads and those designated as municipal roads shall be based upon a functional classification system, as established by the state planning council, except that the authority to designate QDC public roads, as defined in § 24-8-1.3, shall belong solely to the Quonset Development Corporation as provided under § 42- 64.10-6 and shall not be designated by the state planning council. 24-8-1.3. Definitions.
(a) “Arterial” means a public road that provides a high level of travel services for a long, uninterrupted distance.
(b) “Major collector” means a public road that provides a service to built up areas of towns and traffic generators of regional importance and not directly served by arterials.
(c) “Municipal roads” means any public road not designated as a state road either under the statute or under the functional classification guidelines.
(d) “Pavement management program” includes resurfacing, striping and signing; minor drainage improvements, minor guardrail improvements, crack sealing, chip sealing, retaining wall repair, sidewalk and curb repair. The program shall also include educational activities, training programs, research grants, and such technical assistance as can be provided by maximizing the use of state education resources.
(e) “Rhode Island highway system” means all public roads including both state roads and municipal roads.
(f) "QDC public roads" means all roads within the Quonset Business Park located on lands that are owned, leased, managed, and/or under the control of the Rhode Island commerce corporation and/or the Quonset Development Corporation and designated by the corporation as public roads. (f)(g) “Rural” means an area not included in the boundary of an urban area. (g)(h) “State roads” means all public roads classified as arterials and major collectors, except urban minor arterials located in the eight (8) cities of Central Falls, Cranston, East Providence, Newport, Pawtucket, Providence, Warwick, and Woonsocket. (h)(i) “Urban” means an area so designated for purposes of highway functional classification, based on criteria as established by the U.S. Bureau of the Census.
SECTION 3. Section 31-12-1 of the General Laws in Chapter 31-12 entitled "Applicability of Traffic Regulations" is hereby amended to read as follows: 31-12-1. Places provisions applicable. The provisions of chapters 12 — 27 of this title relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways and on all state, city or town owned public property except:
(1) Where a different place is specifically referred to in a given section.
(2) The provisions of chapter 26 of this title and §§ 31-27-1 — 31-27-4 shall apply upon highways and elsewhere throughout the state. Notwithstanding the foregoing, the provisions of chapters 12 — 27 of this title relating to the operation of vehicles upon highways shall only apply to the QDC public roads, as defined in § 24-8-1.3, to the extent such provisions comport with the rules and regulations promulgated by the Quonset Development Corporation pursuant to its power and authority under § 42-64.10-6.
SECTION 4. Section 31-13-3 of the General Laws in Chapter 31-13 entitled "Traffic Control Devices" is hereby amended to read as follows: 31-13-3. Devices on local highways. The traffic authority of any city or town may place and maintain traffic control signals, signs, markings, and other safety devices upon the highways under their jurisdiction as they may deem necessary to indicate and carry out the provisions of chapters 12 — 27 of this title, or local traffic ordinances or to regulate, warn or guide traffic, provided the signals, signs, markings, and devices conform to the regulations and specifications established by the state traffic commission in accordance with this chapter. Notwithstanding the foregoing or any provision of this section to the contrary, the Quonset Development Corporation shall have sole authority to place and maintain traffic control signals, signs, markings, and other safety devices upon the QDC public roads, as defined in § 24-8-1.3, pursuant to its power and authority under § 42-64.10-6.
SECTION 5. Section 31-41.2-3 of the General Laws in Chapter 31-41.2 entitled "Automated Traffic Violation Monitoring Systems" is hereby amended to read as follows: 31-41.2-3. Automated traffic violation monitoring systems. [Effective January 15, 2027.]
(a) The state department of transportation and the municipalities of this state are hereby authorized to install and operate automated traffic violation detection systems. Such systems shall be limited to systems which monitor and detect violations of traffic control signals. For purposes of this chapter an automated traffic violation detection system means a system with one or more motor vehicle sensors which produces images of motor vehicles being operated in violation of traffic signal laws.
(b) No automated traffic violation detection system shall be installed pursuant to this section which has not been approved for use by the director of the state department of transportation. The director of the state department of transportation shall promulgate regulations for the approval and operation of said systems pursuant to the administrative procedures act, chapter 35 of title 42. Systems shall be approved if the director is satisfied they meet standards of efficiency and accuracy. All systems installed for use under this chapter must be able to record the image of the vehicle and the license plates of the vehicle.
(c) In the event that the system is to be installed other than by the state department of transportation on state-maintained streets or roads, the director of the department of transportation must approve such installation.
(d) The state department of transportation and/or the municipalities may enter into an agreement with a private corporation or other entity to provide automated traffic violation detection systems or equipment and to maintain such systems.
(e) Compensation to a private entity that provides traffic signal monitoring devices shall be based on the value of such equipment and related support services, and shall not be based on the revenue generated by such systems.
(f) Notwithstanding the foregoing, the Quonset Development Corporation shall not be bound by the requirements of this chapter and shall not be required to obtain the approval of the state department of transportation or any other agency, department, or municipality prior to installing any automated traffic violation monitoring systems or similar traffic control mechanisms on any QDC public roads, as defined in § 24-8-1.3.
SECTION 6. Section 37-5-1 of the General Laws in Chapter 37-5 entitled "Department of Transportation" is hereby amended to read as follows: 37-5-1. Roads subject to supervision of department. The department and director of transportation shall enforce the provisions of chapters 8 and 10 of title 24, all other provisions of the general laws and public laws relating to the care and maintenance of highways, roads, freeways, and bridges by the state, including the construction, reconstruction, care, and maintenance of park roads and parkways previously performed by the department of agriculture and conservation, and roads and driveways on the grounds of the university of Rhode Island, the Rhode Island college, the several state institutions, and other state property, unless otherwise provided by law. Notwithstanding the foregoing, the department and director of transportation shall have no authority over or responsibility for the QDC public roads as defined in § 24-8-1.3, and shall not enforce the provisions of this chapter, chapters 8 and 10 of title 24, or any other provision of the general laws and public laws relating to the care and maintenance of highways, roads, freeways, and bridges by the state against the QDC public roads. The Rhode Island commerce corporation, and the Quonset Development Corporation, as the Rhode Island commerce corporation’s true and lawful attorney as agent and attorney-in-fact and in the name, place, and stead of the Rhode Island commerce corporation, shall have sole authority and responsibility for all QDC public roads and shall be permitted to establish its own rules and regulations regarding the care, maintenance, and use of said public roads pursuant to its powers under § 42-64.10-6.
SECTION 7. Section 42-64.10-6 of the General Laws in Chapter 42-64.10 entitled "Quonset Development Corporation" is hereby amended to read as follows: 42-64.10-6. Additional general powers and duties. In addition to the powers enumerated in § 42-64.10-5, except to the extent inconsistent with any specific provision of this chapter, the corporation shall have and may exercise additional general powers:
(1) As set forth in § 42-64-7 necessary or convenient to effect its purposes; provided, however, that the corporation shall not have the power to issue bonds or notes or exercise eminent domain;
(2) As a subsidiary of the Rhode Island commerce corporation as provided for in § 42-64- 7.1;
(3) As the Rhode Island commerce corporation’s true and lawful attorney as agent and attorney-in-fact and in the name, place, and stead of the Rhode Island commerce corporation with respect to all property of the Rhode Island commerce corporation at Quonset Business Park (hereinafter referred to as “the Property”) and for the purposes hereinafter set forth:
(i) To ask, demand, recover, collect, receive, hold, and possess all sums of money, debts, dues, goods, wares, merchandise, chattels, effects, bonds, notes, checks, drafts, accounts, deposits, safe deposit boxes, interests, dividends, stock certificates, certificates of deposit, insurance benefits and proceeds, documents of title, personal and real property, tangible and intangible property, and property rights, liquidated or unliquidated, that now are, or hereafter, shall be, or become, due, owing, or payable in respect to the property, and upon receipt thereof, or of any part thereof, to make, sign, execute, and deliver such receipts, releases, or other discharges for the same as the corporation shall deem proper.
(ii) To lease, purchase, exchange and acquire, and to bargain, contract, and agree for the lease, purchase, exchange, and acquisition of, and to take, receive, possess, and manage any real or personal property related in any way to the property, tangible and intangible, or any interest therein.
(iii) To enter into and upon all and each of the real properties constituting a part of, or related in any way, to the property, and to let, manage, and improve the real property or any part thereof, and to repair or otherwise improve or alter, and to insure any buildings or structures thereon.
(iv) To market and sell, either at public or private sale, or exchange any part or parts of the real or personal properties, including indebtedness or evidence thereof, constituting a part of or related in any way to the property, including sales on credit, and for that purpose to execute and receive all promissory notes, bonds, mortgages, deeds of trust, security agreements, and other instruments that may be necessary or proper, and to bargain, contract, and agree with respect to the sale or exchange of such properties; and to execute and deliver good and sufficient deeds, bills of sale, assignments, or other instruments or endorsements for the conveyance or transfer of the same; and to give receipts for all or any part of the purchase price or other consideration.
(v) To sign, endorse, execute, acknowledge, deliver, receive, and possess such applications, contracts, agreements, options, covenants, deeds, conveyances, trust deeds, mortgagees deeds, security agreements, bills of sale, leases, mortgages, assignments, insurance policies, bills of lading, warehouse receipts, documents of title, bills, bonds, debentures, checks, drafts, bills of exchange, notes, stock certificates, proxies, warrants, commercial paper, receipts, withdrawal receipts, and deposit instruments relating to accounts or deposits in, or certificates of deposit of, banks, savings and loan or other institutions or associations, proofs of loss, evidences of debts, releases, and satisfactions of mortgages, judgments, liens, security agreements, and other debts and obligations, and other instruments in writing of whatever kind and nature as be necessary or proper in the exercise of the rights and powers herein granted.
(vi) To enter into subordination agreements, inter-creditor agreements, reinstatement agreements, “stand still” and “stand-by” agreements, modification agreements, forbearance agreements, and other contracts having the effect of subordinating, modifying, renewing, restructuring or otherwise altering the rights, obligations, or liabilities of the commerce corporation, under or with respect to any indebtedness, property, or other assets constituting or securing any property.
(vii) To make demands, give notices of default, notices of intention to accelerate, notices of acceleration, or such other notices as the corporation deems necessary or appropriate, and to take other actions and exercise other rights that may be taken under the terms of any loan agreements, security agreements, guaranties, or other documents or agreements evidencing, or otherwise relating to, the property, including foreclosure, lease, sale, taking possession of, realization upon, or any other disposition of any property or any collateral therefor or guarantee thereof.
(viii) To exercise any powers and any duties vested in the commerce corporation as a partner, joint venturer, participant, or other joint-interest holder with respect to any property, or to concur (or not) with persons jointly interested with the commerce corporation in any property.
(ix) With respect to the property: (A) To sue on, or otherwise prosecute, any claim or cause of action, or commence or seek any legal, equitable, or administrative or other remedy in any legal, administrative, arbitration, mediation, or other proceeding whatsoever (including, non-judicial repossessions and foreclosures or similar actions to recover collateral); (B) To defend, or otherwise participate for, or in the name of, the commerce corporation in any legal, administrative, arbitration, mediation, or other proceedings; (C) To process, determine, or adjudge any claim or cause of action for, or in the name of, the commerce corporation; (D) To compromise, settle, discharge or resolve, or make, execute, or deliver any endorsements, acquittances, releases, receipts, or other discharges of any claim, cause of action, determination, judgment, or other proceeding for, or in the name of, the commerce corporation; and (E) To prepare, execute, and file ad valorem, franchise and other tax returns, protests and suits against taxing authorities, and to prepare, execute, and file other governmental or quasi-governmental reports, declarations, applications, requests and documents in connection with any property, and to pay taxes in connection with the property as the corporation deems necessary or appropriate, or as otherwise required by law.
(x) To establish as public roads, designate as public roads, and remove from designation as public roads, from time to time and in the corporation’s sole discretion, QDC public roads, as defined in § 24-8-1.3.
(xi) To manage any and all QDC public roads. In particular, the corporation shall have full and complete power and authority, without approval of the corporation’s board of directors, to:
(A) Maintain, renovate, repair, operate, and control all QDC public roads;
(B) Acquire, relocate, construct, abandon, and deconstruct, as necessary from time to time, all QDC public roads;
(C) Maintain traffic control, including, but not limited to, by enlisting the police services of the North Kingstown police department and by installing traffic control devices as permitted under § 31-13-3 and automated traffic violation monitoring systems as permitted under § 31-41.2- 3, on all QDC public roads;
(D) Establish rules and regulations regarding the care, maintenance, and use of all QDC public roads including, but not limited to, traffic regulations and speed restrictions;
(E) Engage any other person or entity to perform, on the corporation’s behalf, any and all of its responsibilities and obligations with respect to the QDC public roads;
(F) Enter into agreements with the Rhode Island department of transportation and/or the town of North Kingstown relative to the maintenance of the QDC public roads; and
(G) Undertake any other action incidental to these enumerated powers. The corporation’s powers with regard to all QDC public roads shall supersede and preempt any provision of the general laws or any municipal laws or regulations inconsistent or contrary herewith. (x)(xii) Any third party shall be entitled to rely on a writing signed by the corporation to conclusively establish:
(A) the The identity of a particular Property as property for all purposes hereof; and
(B) The status of any road within the Quonset Business Park as a public road.
(4) To own, hold, improve, operate, manage, and regulate utilities at the Quonset Business Park and to establish rates, fees, and charges, to adopt regulations, and to impose penalties for any services or utilities it provides, or causes to have available, and to have functions and exercise powers as necessary and appropriate under the provisions of §§ 42-64-4, 42-64-7.4, 42-64-7.8, 42- 64-7.9 and 42-64-9.1 — 42-64-9.10, inclusive.
(5) To enter into agreements with any city, town, district, or public corporation with regard to application and/or administration of zoning or other land use ordinances, codes, plans, or regulations, and cities, towns, districts, and public corporations are hereby authorized and empowered, notwithstanding any other law to the contrary, to enter into such agreements with the corporation and to do all things necessary to carry out their obligations under such agreements; in the absence of any such agreement the corporation shall act in accordance with the provisions of § 42-64-13.
(6) To enter into agreements, including with any state agency, city, town, district, or public corporation, for the provision of police, security, fire, sanitation, health protection, and other public services.
(7) To be exempt from taxation and to enter into agreements for payments in lieu of taxes as provided for in § 42-64-20.
(8) To establish a stormwater management and conveyance system and regulate connections, user fees, charges and assessments in connection therewith. In particular, the corporation shall have full and complete power and authority to:
(i) Limit, deny, or cause appropriate direct or indirect connections to be made between any building or property located in the Quonset Business Park, or from any location outside the boundaries of the Quonset Business Park and discharging into the corporation’s stormwater management and conveyance systems. The corporation may prescribe those rules and regulations for stormwater runoff, that in the opinion of the corporation, are necessary and appropriate for the maintenance and operation of the stormwater management and conveyance systems, and may establish, from time to time, rules and regulations relating to stormwater management in the Quonset Business Park. Any person or entity having an existing connection to the stormwater management and conveyance systems or currently discharging into such systems, will obtain a permit from the corporation in accordance with its rules and regulations. No person or entity shall, without first being granted a written permit from the corporation in accordance with its rules and regulations, make any future connection or permit any runoff from any structure or property to any stormwater management and conveyance systems, or any appurtenance thereto, without first being granted a written permit from the corporation in accordance with its rules and regulations.
(ii) Compel any person or entity within the Quonset Business Park, for the purpose of stormwater runoff, to establish a direct connection on the property of the person or entity, or at the boundary thereof, to the corporation’s stormwater management and conveyance systems. These connections shall be made at the expense of such person or entity. The term “appurtenance” as used herein shall be construed to include adequate pumping facilities, whenever the pumping facilities shall be necessary to deliver the stormwater runoff to the stormwater management and conveyance systems.
(iii) Assess any person or entity having a direct or indirect connection (including, without limitation, via runoff) to the Quonset Business Park stormwater management and conveyance systems the reasonable charges for the use, operation, maintenance, and improvements to the systems. The corporation shall also be entitled, in addition to any other remedies available, to assess fines for violations of the rules and regulations established by the corporation with respect to stormwater management.
(iv) Collect the fees, charges, and assessments from any person or entity so assessed. Each person or entity so assessed shall pay the fees, charges, or assessments within the time frame prescribed by the rules and regulations of the corporation. The corporation may collect the fees, charges, and assessments in the same manner in which taxes are collected by municipalities, with no additional fees, charges, assessments, or penalties (other than those provided for in chapter 9 of title 44). All unpaid charges shall be a lien upon the real estate of the person or entity. The lien shall be filed in the records of land evidence for the city or town in which the property is located and the corporation shall simultaneously, with the filing of the lien, give notice to the property owner. Owners of property subject to a lien for unpaid charges are entitled to a hearing within fourteen
(14) days of the recording of the lien.
(v) Notwithstanding the provisions of subsection (8)(iv) of this section, the corporation is authorized to terminate the water supply service or prohibit the use of the corporation’s stormwater management and conveyance systems of any person or entity for the nonpayment of storm water management user fees, charges, and assessments. The corporation shall notify the user of termination of water supply or use of the stormwater management and conveyance systems at least forty-eight (48) hours prior to ceasing service. The corporation may assess any person or entity any fees, charges, and assessments affiliated with the shut off and restoration of service.
(vi) Without in any way limiting the foregoing powers and authority, the corporation is also hereby empowered to: (A) Establish a fee system and raise funds for administration and operation of the stormwater management and conveyance systems; (B) Prepare long-range, stormwater management master plans; (C) Implement a stormwater management district; (D) Retrofit existing structures to improve water quality or alleviate downstream flooding or erosion;
(E) Properly maintain existing stormwater management and conveyance systems; (F) Hire personnel to carry out the functions of the stormwater management and conveyance systems; (G) Receive grants, loans, or funding from state and federal water-quality programs; (H) Grant credits to property owners who maintain retention and detention basins or other filtration structures on their property; (I) Make grants for implementation of stormwater management plans; (J) Purchase, acquire, sell, transfer, or lease real or personal property; (K) Impose liens; (L) Levy fines and sanctions for noncompliance; (M) Provide for an appeals process; and (N) Contract for services in order to carry out the function of the stormwater management and conveyance systems.
(9) To purchase and obtain water supply and water service from any city, town, water district, or other water supply authority. In particular, the corporation is authorized to:
(i) Enter into agreements or contracts with any city, town, county, water district, or other water supply authority to purchase, acquire, and receive water supply and water service.
(ii) Enter into cooperative agreements with cities, towns, counties, water districts, or other water supply authorities for the interconnection of facilities or for any other lawful corporate purposes necessary or desirable to effect the purposes of this chapter.
(iii) Connect the water supply system at Quonset Business Park with any city, town, county, water district, or other water supply authority that receives or has a connection with the city of Providence and/or the Providence Water Supply Board (or any successor thereof) and purchase, connect to, receive, and enter into agreements to receive water supply from any city, town, county, water district, or other water supply authority regardless of the origin of such water supply. The city of Providence and the Providence Water Supply Board (and any successor thereof) are authorized and directed to supply water to the Quonset Business Park either directly or via connections between the Quonset Development Corporation and any city, town, county, water district, or other water supply authority, notwithstanding any terms to the contrary in any agreement, including, without limitation, any agreement between any city, town, county, water district, or other water supply authority and the city of Providence and/or the Providence Water Supply Board (or its or their predecessors), or the provisions of chapter 16 of title 39. In addition, the provisions of section 18 of chapter 1278 of the public laws of Rhode Island of 1915 as amended, and any other public law that would conflict with the terms hereof, are hereby amended to authorize the provision of water supply by the city of Providence and the Providence Water Supply Board (or any successor thereof) to the Quonset Business Park and to authorize any additional connections in accordance herewith. There shall be no requirement that the corporation demonstrate public necessity before entering into such agreements, connecting to such water supplies, or receiving such water as described in this subsection, but the corporation shall be subject to the other applicable provisions of chapter 15 of title 46.
SECTION 8. Chapter 24-8 of the General Laws entitled "Construction and Maintenance of State Roads" is hereby amended by adding thereto the following section: 24-8-46. Public roads located within the Quonset Business Park. Notwithstanding any general or public law to the contrary, QDC public roads, as defined in § 24-8-1.3, shall neither be subject to this chapter nor the rules and regulations regarding the care, maintenance, and use of state roads and/or municipal roads otherwise established under the general laws or elsewhere. The QDC public roads shall be subject only to the rules and regulations promulgated by the Quonset Development Corporation pursuant to its powers and authority under § 42-64.10-6.
SECTION 9. This act shall take effect upon passage.
